Guy on a hike with his son gets arrested for open carry of an AR15

[Gunner75]

!

[imprez55]

The guy carrying is an asshole.

He asked us what we were doing and I explained that we were hiking for my son's merit badge. He then asked me what I'm doing with the rifle, to which I responded in a calm manner, "Does it matter, officer? Am I breaking the law?"

Yup, definitely the right way to handle that one. The cop is on duty and probably got a call about it from someone else on the trail or just wanted to make sure everything is on the up and up. The guy is being emotional and defensive. If I was the cop I would be very cautious and uncertain what the guy's next move is. I am betting things would have gone dramatically different if he would have just had a peaceful conversation with the cop. Open carry is still an emotional topic for people, you have to expect to get stopped and talked to. I am not saying that is right or not, but you can't act combative like that against a cop. I've been stopped just walking around by police before and if you just explain what you are doing then nothing comes of it (granted I wasn't carrying, but the point about civil conversation remains)

[Gunner75]

according to the video notes, the guy was defensive because the cop called them over and then deliberately tried to take his weapon without notification of his intentions. Maybe he shouldn't have argued on the side of the road like that, but it shouldnt matter whether that he was carrying a rifle in a rural area like that. He stated that there were numerous coyote's, and cougar in the area. Just like here in Ohio it is perfectly legal to open carry a firearm in a safe manner. If the cop did try to forcibly remove the weapon without notification then to me thats a violation of the 4th amendment. Im curious as to when he was read his Miranda rights.

[shittygsxr]

Fuck

[shittygsxr]

The

[shittygsxr]

_oli_e

[Steve Butters]

I disagree. I would be pretty pissed at that point too... We don't know what happened before the camera turned on, but when it did, the cop was already manhandling him... Of course he was upset.

Those cops had no interest in listening or having a conversation at all... They were in the wrong and fucked up, but had too much pride to admit to it, so they arrested him for some bullshit... I hope he sues the shit out of them.

[shadyone]

I imagine that as soon as the guy ( who I believe is an ass) started getting an attitude thats when the officer decided he would like to disarm. It the Guy would have kept his cool this wouldn't have happened. Im not sayin the officer was right. but there are ways to keep this from happening and its called respect. from both parties involved.

[Steve Butters]

I imagine that as soon as the guy ( who I believe is an ass) started getting an attitude thats when the officer decided he would like to disarm. It the Guy would have kept his cool this wouldn't have happened.

And you know this how? Did you watch the same video as I did? It started after the cop was already manhandling the guy... How do you know what lead up to it? Because all police are inherently good? According to the guy, the cop tried to disarm him immediately, not after any conversation at all (and the officer not once denied this claim)... The guy also said if he had been asked (you know, shown a little respect), he would have handed it over no problem (to which the officer also never disputed this claiming to have asked)..... Just wondering where you're coming up with this part of the story...?

[Mr Anderson]

[TMonhollen]

I'm all for second amendment rights, but part of me thinks people that open carry, do it for situations like this. He knows exactly what's he doing, and what the outcome is going to be. He's trying to bait the police, to try and prove that he knows more about the law than they do. Which may be the case.

Openly carrying around a semi automatic rifle, that could easily blow down a group of people, is going to get a reaction out of some people. Like it or not.

[Gunner75]

These are the notes from the video. If these are indeed the facts on how it went down then I would not be amazed at some point there is a lawsuit.

[quote name=Youtube

On March 16' date=' 2013, my son and I were hiking along country roads among pastures and fields with my 15-year old son to help him earn his hiking merit badge. I always enjoy these father/son hikes because it gives me time alone with my son. As I always do when we go on these hikes and walks, I took my trusty rifle with me as there are coyotes, wild hogs, and cougars in our area. In Texas, it is legal to openly carry a rifle or shotgun as long as you do so in a manner that isn't calculated to cause alarm. In other words, you can't walk around waving your rifle at people. I always carry my rifle slung across my chest dangling, not holding it in my hands.

At about the 5 mile mark of our hike, a voice behind us asked us to stop and the officer motioned for us to approach him. He got out of his car and met us a few feet later. He asked us what we were doing and I explained that we were hiking for my son's merit badge. He then asked me what I'm doing with the rifle, to which I responded in a calm manner, "Does it matter, officer? Am I breaking the law?"

At that point, the officer grabbed my rifle without warning or indication. He didn't ask for my rifle and he didn't suggest he would take it from me. He simply grabbed it. This startled me and I instantly pulled back - the rifle was attached to me - and I asked what he thought he was doing because he's not taking my rifle. He then pulled his service pistol on me and told me to take my hands off the weapon and move to his car, which I complied with. He then slammed me into the hood of his car and I remembered I had a camera on me (one of the requirements of the hiking merit badge is to document your hikes). This video is the rest of that encounter. Up to this point, I am not told why I am being stopped, why he tried to disarm me, or even that I'm under arrest.

We did not set out that Saturday morning to "make a point" or cause problems. Our goal was to complete a 10-mile hike and return home without incident. My son chose a route that away from populated areas but near our home.

The arresting officer is Officer Steve Ermis and the supervisor is Sergeant Minnicks of the Temple Police Department.

If you agree this was a gross act of exceeded authority, please help me fight these charges

[Gunner75]

I'm all for second amendment rights, but part of me thinks people that open carry, do it for situations like this. He knows exactly what's he doing, and what the outcome is going to be. He's trying to bait the police, to try and prove that he knows more about the law than they do. Which may be the case.

Openly carrying around a semi automatic rifle, that could easily blow down a group of people, is going to get a reaction out of some people. Like it or not.

Read the notes he was open carrying the rifle for protection

[shittygsxr]

Police get paid for two things "protecting" and "serving" that is all. We're the cops doing with of those things? They are on the clock not him, they need to act professionally. That guy was hanging with his boy, nothing else.

Fight on your feet or die on your knees. That dad is going to sleep tonight with his dignity.

The cop is going to bed a prick.

[Steve Butters]

I'm all for second amendment rights, but part of me thinks people that open carry, do it for situations like this. He knows exactly what's he doing, and what the outcome is going to be. He's trying to bait the police, to try and prove that he knows more about the law than they do. Which may be the case.

Openly carrying around a semi automatic rifle, that could easily blow down a group of people, is going to get a reaction out of some people. Like it or not.

He wasn't walking around a busy city trying to draw attention... He was on a rural hike in an area he claims to have coyotes and mountain lions... Not unreasonable to carry a weapon for protection.

Plus, it doesn't matter what people's reactions might be... He didn't break a law

Your train of thought is exactly the problem in this country right now.

Your last comment is absurd... "open carrying a semi automatic rifle, that could easily blow down a group of people"..... Umm.... Handguns can kill people too... They also have the same rate of fire (hence being semi auto).... You can also blow down a group of people with a car.. Guess those need banned too.... FFS....

I don't understand how citizens of this country are so ready to piss away their rights and freedoms for political correctness and protecting people's feelings

[shittygsxr]

He wasn't walking around a busy city trying to draw attention... He was on a rural hike in an area he claims to have coyotes and mountain lions... Not unreasonable to carry a weapon for protection.

Plus, it doesn't matter what people's reactions might be... He didn't break a law

Your train of thought is exactly the problem in this country right now.

Your last comment is absurd... "open carrying a semi automatic rifle, that could easily blow down a group of people"..... Umm.... Handguns can kill people too... They also have the same rate of fire (hence being semi auto).... You can also blow down a group of people with a car.. Guess those need banned too.... FFS....

I don't understand how citizens of this country are so ready to piss away their rights and freedoms for political correctness and protecting people's feelings

Because racecar

[BadTrainDriver]

The moment the PO grabbed the rifle, the soldier should have flipped it up and shot the PO.

Fuck cops.

Every single fucking one of them.

[imprez55]

The video does very little for either cause IMO. It shows that both parties were worked up before it even starts playing. The cop says there was a call. Was there? Who knows, but if there was, then this guy was the prime suspect of a (probably sensationalist) 911 call. If there was no call, then the cop wanted to talk. Even by the guys own words he is getting defensive over a simple "what are you doing". Open carry still demands discretion and a little more respect than that. I am not "pissing away my rights" or "dying on my knees" if I show respect to an officer. Most anything to prove one point or the other is conjecture so I'll bow out. I will stick by my point that things would have gone differently if he just initially answered the question posed, before the scuffle ensued.

-Edit-

I would like to mention that my doubts on the integrity of both individuals are raised before the video even started. The whole disarming thing, being pinned up against a car, being able to pull a cell phone out and record, etc. Either the cop doesn't care (and forgot their training) that a potentially dangerous individual is pulling something out of their pocket and then standing up and talking face to face, or something else is going on that we are not privy to.

Edited April 16, 2013 by imprez55

[Pokey]

The moment the PO grabbed the rifle, the soldier should have flipped it up and shot the PO.

Fuck cops.

Every single fucking one of them.

[BadTrainDriver]

Hey Jack...you just don't go around putting your hands on other peoples weapons...I don't care who you are...

Fuck that shit.

[shadyone]

And you know this how? Did you watch the same video as I did? It started after the cop was already manhandling the guy... How do you know what lead up to it? Because all police are inherently good? According to the guy, the cop tried to disarm him immediately, not after any conversation at all (and the officer not once denied this claim)... The guy also said if he had been asked (you know, shown a little respect), he would have handed it over no problem (to which the officer also never disputed this claiming to have asked)..... Just wondering where you're coming up with this part of the story...?

He quoted that the cop tried to disarm him after he said "Does it matter Officer? Am I breaking the law?" Because this jack ass is freakin out the whole video while the officer is keeping fairly calm. and he actually did break the law as soon as the officer made it a legal stop and began trying to detain him he needed to notify the officer that he had a CHL and was carrying. If not before that.

How do you know what lead up to it? Because all police are inherently bad. you have one side of the story. so you automatically take the jackwagons side. If he would have calmed down for 2 seconds instead of screaming about his rights Im sure it would have not ending in him going to jail.

[Gunner75]

The video does very little for either cause IMO. It shows that both parties were worked up before it even starts playing. The cop says there was a call. Was there? Who knows, but if there was, then this guy was the prime suspect of a (probably sensationalist) 911 call. If there was no call, then the cop wanted to talk. Even by the guys own words he is getting defensive over a simple "what are you doing". Open carry still demands discretion and a little more respect than that. I am not "pissing away my rights" or "dying on my knees" if I show respect to an officer. Most anything to prove one point or the other is conjecture so I'll bow out. I will stick by my point that things would have gone differently if he just initially answered the question posed, before the scuffle ensued.

Like i said read the notes from the video, it says the officer called him over and the officer tried to grab the gun. That is not something you do period. That would definitely put me on the defensive

[shadyone]

the video does very little for either cause imo. It shows that both parties were worked up before it even starts playing. The cop says there was a call. Was there? Who knows, but if there was, then this guy was the prime suspect of a (probably sensationalist) 911 call. If there was no call, then the cop wanted to talk. Even by the guys own words he is getting defensive over a simple "what are you doing". Open carry still demands discretion and a little more respect than that. I am not "pissing away my rights" or "dying on my knees" if i show respect to an officer. Most anything to prove one point or the other is conjecture so i'll bow out. I will stick by my point that things would have gone differently if he just initially answered the question posed, before the scuffle ensued.

this^

[Steve Butters]

Not every state has duty to inform, fyi.

[imprez55]

Like i said read the notes from the video, it says the officer called him over and the officer tried to grab the gun. That is not something you do period. That would definitely put me on the defensive

Actually, it states that the officer called him over, asked him what he was doing, he responds defensively, the cop grabs for the gun, everything else. No, grabbing for a gun is not something you do, I agree. However, that part isn't on video. Could he have had his hand on it while rotating or walking (I know I do so the gun doesn't jostle around) which sparked something, did the cop actually go for it, did the kid? Who knows, that wasn't on video. Of course the guy is going to make himself look as innocent as possible, and the cop make him look as guilty as possible. Going off purely what was in the video (not what each party claimed), the guy was emotional and defensive, the cop was calm. I am more willing to side with the officer here.

Not every state has duty to inform, fyi.

Also good point. My judgement is based off my knowledge and experience in Ohio.